TMI Blog2021 (5) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... ndment in both Section 36(va) as well as Section 43B by inserting corresponding Explanations that although the impugned employees provident fund comes under the former provision only, the same is applicable from 01-04-2021 onwards. Meaning thereby that the legislature itself has condoned the impugned default before 01-04-2021. We thus delete the impugned employees provident fund disallowance for this precise reason alone. Necessary computation to follow as per law - we direct the AO to delete the addition made towards PF ESI in both the years under consideration. Accordingly, the ground raised on this issue in both the years is allowed. Addition u/s 14A - HELD THAT:- It is settled position of law that the provisions of section 14A ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 2 in ITA No. 1533/Hyd/2017 and another one is pertaining to TDS of ₹ 78,26,28,873/-, which is not pressed by the ld. AR of the assessee at the time of hearing, therefore this ground is dismissed as not pressed. 3. As regards the addition towards PF ESI, which is similar in both the appeals under consideration, the AO made the addition relating to employees contribution to PF ESI on the ground that the same was deducted but was not remitted into relevant fund within the due dates prescribed under the relevant acts though the same was paid before the due date for filing return of income. 3.1 On appeal, the CIT(A) after discussing the issue with various case laws, confirmed the addition made by the AO. 4. Before us, the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inance Act, 2021 proposing amendment in both Section 36(va) as well as Section 43B by inserting corresponding Explanations that although the impugned employees provident fund comes under the former provision only, the same is applicable from 01-04-2021 onwards. Meaning thereby that the legislature itself has condoned the impugned default before 01-04-2021. We thus delete the impugned employees provident fund disallowance of ₹ 8,11,648/- for this precise reason alone. Necessary computation to follow as per law. 6.1 Respectfully following the said decision, we direct the AO to delete the addition made towards PF ESI in both the years under consideration. Accordingly, the ground raised on this issue in both the years is allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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